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What is a reasonable accommodation for a disability and how can I request it from my employer?

July 5, 2021/in Blog

Working with a disability does not have to be stressful. The Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA) prohibit employment discrimination against qualified individuals with disabilities. A qualified individual with a disability is someone who fulfills what the position is requiring of an applicant, for example: skill set, experience, education, […]

Minnesota Supreme Court Holds that Employment Handbooks May Create Contractual Rights, Even When They Claim Not To

February 3, 2021/in Blog

Today, the Minnesota Supreme Court ruled in favor of employees. In an important ruling, the Court held that employers who use blanket language stating that an employee handbook is “not a contract” do not necessarily prevent employees from bringing valid claims for breaching a contract. The case, Donald Hall v. City of Plainview, reiterated prior […]

What is a reasonable accommodation for a disability and how can I request it from my employer?

July 5, 2021/in Blog

Minnesota Supreme Court Holds that Employment Handbooks May Create Contractual Rights, Even When They Claim Not To

February 3, 2021/in Blog

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What is a reasonable accommodation for a disability and how can I request it from my employer?

July 5, 2021/in Blog

All government agencies, and most employers, are required by law to provide reasonable accommodations to both qualified applicants and employees. The only time they would be unable to provide reasonable accommodation is if doing so would pose a direct threat or cause an undue hardship. Otherwise, employers must provide reasonable accommodations (adjustment or alteration), to provide applicants/employees an equal opportunity to compete for a job, equal access to benefits and privileges of employment, and/or to be able to perform the essential functions of the job.

Reasonable accommodations may look like the following:

Moving to a different office space;
Granting breaks or providing leave;
Providing accessible parking;
Providing telework or working remotely (including working from home);
Providing materials in alternative formats like large print or Braille; or
Changing when or how job duties are performed.

Under state and federal laws, individuals with disabilities have a right to request reasonable accommodations that will allow individuals to perform all the essential functions of the job. A job should not have to be burdensome to an individual with disabilities and reasonable accommodations should be request if needed. An employer is not allowed to retaliate against an employee who asks for reasonable accommodation, or who receives an accommodation.

If you feel you have experienced discrimination or retaliation at work related to your disability, our attorneys at Kitzer Rochel are here to help. We advocate on behalf of employees facing discrimination, retaliation, and whistleblower issues in the workplace.

Minnesota Supreme Court Holds that Employment Handbooks May Create Contractual Rights, Even When They Claim Not To

February 3, 2021/in Blog

Today, the Minnesota Supreme Court ruled in favor of employees. In an important ruling, the Court held that employers who use blanket language stating that an employee handbook is “not a contract” do not necessarily prevent employees from bringing valid claims for breaching a contract. The case, Donald Hall v. City of Plainview, reiterated prior cases holding that employee handbooks can, in certain cases, be legally enforceable.

In Hall, the City of Plainview promised to pay its employees accrued paid time off (PTO) upon separation from employment. But the City refused to pay Hall his PTO upon his separation. The City claimed that a blanket statement in its handbook stating that no provision was intended to create a contract was enough for it to avoid responsibility for paying the PTO. But the problem, the Court held, was that the company promised to pay the PTO in one part of the handbook, while also vaguely and generally claiming that it did not have to follow any of the promises it made in the handbook. The Court held that such duplicitous language is ambiguous and that, as a result, a jury had to decide what the contract actually meant.

The takeaway for Minnesota employees is that when even if an employee handbook contains a statement that it does not create a contract, courts may still find that the terms of the contract are enforceable. It is a good idea to consult with an experienced employment attorney in these situations.

Phillip Kitzer and Brian Rochel of Kitzer & Rochel, PLLP participated in the case on behalf of Minnesota NELA, who appeared as amicus curiae arguing in favor of employees.

If you would like to learn more, or if you have any employment law question, contact Kitzer & Rochel today.

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